By:  Dutton                                           H.B. No. 1725
       73R5820 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of unlawful transfer of certain weapons and
    1-3  to the civil liability of a licensed firearms dealer for damages
    1-4  caused by a firearm unlawfully transferred by the dealer.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 46.07, Penal Code, is amended to read as
    1-7  follows:
    1-8        Sec. 46.07.  Unlawful Transfer of Certain Weapons.  (a)  A
    1-9  person commits an offense if he:
   1-10              (1)  sells, rents, leases, loans, or gives a handgun to
   1-11  any person knowing that the person to whom the handgun is to be
   1-12  delivered intends to use it unlawfully or in the commission of an
   1-13  unlawful act;
   1-14              (2)  intentionally or knowingly sells, rents, leases,
   1-15  or gives or offers to sell, rent, lease, or give to any child
   1-16  younger than 21 <18> years any firearm, club, or illegal knife or
   1-17  any martial arts throwing stars; or
   1-18              (3)  intentionally, knowingly, or recklessly sells a
   1-19  firearm or ammunition for a firearm to any person who is
   1-20  intoxicated.
   1-21        (b)  For purposes of this section, "intoxicated" means
   1-22  substantial or noticeable impairment of mental or physical capacity
   1-23  resulting from introduction of any substance into the body.
   1-24        (c)  <It is an affirmative defense to prosecution under
    2-1  Subsection (a)(2) of this section that the transfer was to a minor
    2-2  whose parent or the person having legal custody of the minor had
    2-3  given written permission for the sale or, if the transfer was other
    2-4  than a sale, the parent or person having legal custody had given
    2-5  effective consent.>
    2-6        <(d)>  An offense under this section is a Class A
    2-7  misdemeanor.
    2-8        SECTION 2.  Title 4, Civil Practice and Remedies Code, is
    2-9  amended by adding Chapter 94 to read as follows:
   2-10          CHAPTER 94.  LIABILITY OF LICENSED FIREARMS DEALER
   2-11        Sec. 94.001.  DEFINITIONS.  In this chapter:
   2-12              (1)  "Dealer" means a person licensed as a firearms
   2-13  dealer under 18 U.S.C. Sec. 921, et seq., and its subsequent
   2-14  amendments.
   2-15              (2)  "Firearm" has the meaning assigned by Section
   2-16  46.01, Penal Code.
   2-17        Sec. 94.002.  LIABILITY FOR ILLEGAL TRANSFER.  A dealer is
   2-18  liable in civil damages for the death of or injury or loss to a
   2-19  person caused by a firearm used by another person, if, before the
   2-20  occurrence of the Act that caused the death, injury, or damage, the
   2-21  dealer commits an offense under Section 46.07, Penal Code,
   2-22  regarding the firearm.
   2-23        SECTION 3.  (a)  The change in law made by this Act applies
   2-24  only to an offense or to civil liability based on an offense
   2-25  committed on or after the effective date of this Act.  For purposes
   2-26  of this section, an offense is committed before the effective date
   2-27  of this Act if any element of the offense occurs before the
    3-1  effective date.
    3-2        (b)  An offense or civil liability based on an offense
    3-3  committed before the effective date of this Act is covered by the
    3-4  law in effect when the offense was committed, and the former law is
    3-5  continued in effect for that purpose.
    3-6        SECTION 4.  This Act takes effect September 1, 1993.
    3-7        SECTION 5.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended.